Институт субъективных прав детей в системе современного международного права

Abstract

Introduction. The study of the institution of subjective rights of children in the system of modern international law is relevant, especially in the context of modern international relations. At the same time, the substantiation of the need to respect the subjective rights of children is of particular importance in the conditions of the modern world order. Materials and methods. This article is based on a significant amount of materials, including international legal acts, acts of recommendatory nature, Russian national legislation, as well as modern doctrinal research by Russian and foreign scientists. In the process of work, primarily general scientific research methods were used: the dialectical method, the deductive method. In addition, the system analysis method was used. The system approach in this study is complemented by a functional approach. In the process of research, a comparative method is applied. Of particular importance belongs to the method of legal analysis, which allows to identify patterns and trends in the development of the international legal status of children. Research results. According to the results of the analysis, the author notes that the progressive development of the modern world order based on the rule of law puts in order of necessity the need to comply with the entire corpus of prescriptions of proper behavior of states in the area of children’s subjective rights as recognized by modern international law. The article formulates the definitions of such concepts as “objective rights of children”, “subjective rights of children”, “legal capacity of children”. The question of the differences in the international legal status of children from the general status of the individual was considered. A systematization of the subjective rights of children is proposed. Discussion and conclusions. Based on the study, the author concludes that the subjective rights of children in international law represent legally secured opportunities to meet their interests. At the same time, the subjective rights of children in international law consist of the ability to perform their own actions and the ability to require other participants in international relations to perform actions prescribed by law or refrain from committing strictly defined actions.